1/6/2024 0 Comments Coblyn v kennedy inc Restatement of the Law (Third) of Torts Section 2 Battery Required Intent: O (d) the other does not effectively consent to the otherwise tortiousĬonduct of the actor provided in section 12. O ( c) the contact (i) causes bodily harm to the other or (ii) is offensive, O (b) the actors affirmative conduct causes such a contact O (a) the actor intends to cause a contact with the person of the other,Īs provided in section 2, or the actor’s intent is sufficient under section Restatement of the Law (Third) of Torts: Intentional Torts to Persons Section 1:īattery General Definition: An actor is subject to liability to another for battery O A harmful contact with the person of the other directly or indirectly Person of the other or a third person, or an imminent apprehension of O He acts intending to cause a harmful or offensive contact with the Restatement of the Law (Second) of Torts: Section 13: An actor is subject to THE RESTATEMENT ACCOUNT FOR INTENTIONAL BATTERY CASES If the intended act itself is unlawful, the intention toĬommit the act is also unlawful. Or the defendant’s conduct itself is unlawful. In an action to recover for assault andīattery, the plaintiff must show that either the intent behind the defendant’s actions is unlawful, Unlawful and he is thus liable for assault and battery. Regardless of Putney’s intent, his act of kicking Vosburg in a school room is Rule: In an action to recover for assault and batter, the plaintiff must show either the intentīehind the defendant’s actions is unlawful or the defendant’s conduct itself is unlawful. ![]() Issue: whether intent to harm is required for liability of battery CHAPTER 1: INTENTIONAL HARMS: THE PRIMA FACIE CASE AND DEFENSES A.
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